WASTE MANAGEMENT REGULATIONS, 2006 APPLICATION AND RENEWAL .

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WASTE MANAGEMENT REGULATIONS, 2006APPLICATION AND RENEWAL FOR LICENCE TOOWN WASTE TREATMENT OR DISPOSAL SITEAPPLICATION AND RENEWAL FOR LICENCE TOTRANSPORT WASTEGENERAL GUIDELINES FOR WASTE MANAGEMENTLICENCE APPLICATION1

REPUBLIC OF KENYA29th September, 2006Kenya Gazette supplement No 69(Legislative supplement No. 37)LEGAL NOTICE NO. 121ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION (WASTE MANAGEMENT)REGULATIONS 2006ARRANGEMENT OF REGULATIONSPART PART II -SOLID WASTE45678910111213141516Responsibility of waste generatorSegregation of waste by generatorCleaner production methodsLicense for transportation of wasteMode of Transporting wasteTransportation of waste by licensed transporterTransitional provision for transporting wasteLicense for disposal facilityTransitional provision for disposal facilitiesWaste treatment by operators of disposal sitesValidity of license and renewalsRequirement for Environmental AuditRe-use and recycling plants-PART III-1718192021General obligation to mitigate pollutionTreatment of industrial wasteApplication of existing regulationsApplication of existing regulationsApplication of existing regulations-INDUSTRIAL WASTESPART IV-HAZARDOUS WASTES2223242526272829303132Hazardous waste specificationsRequirement for Environmental Impact AssessmentHandling, storing and transporting of hazardous wasteApplication of existing regulationsTreatment of industrial wasteExport PermitValidity of Export PermitNon-transferability of PermitTransit of hazardous wasteInsuranceApplication of existing regulations-PART V -PESTICIDES AND TOXIC SUBSTANCES2

33-3435-Classification, registration, labeling, packaging, advertising, import, export, distribution,storage, transportation, handling and disposal of pesticides.Disposal of pesticidesApplication of existing regulationsPART VI-BIOMEDICAL WASTES36373839404142434445-4647-Requirement for Environmental Impact Assessment from biomedical waste generatorApproval of biomedical waste generating facilitySegregation of biomedical wasteSecuring and packaging of biomedical wasteTreatment of biomedical wasteMonitoring by lead agencyStorage of biomedical wasteTransportation of biomedical wasteTransfer StationsRequirement of Environmental Impact Assessment for biomedical waste disposal sites orplants and license to operateRequirement for Environmental AuditsStandards for biomedical waste disposal sites and plantsPART VII-4849Application of Radiation Protection ActRequirement for Environmental Impact Assessment-RADIOACTIVE SUBSTANCESPART VIII-505152Register of Licences and PermitsOffences and penaltiesOperation of regulations-MISCELLANEOUSSCHEDULESFirst Schedule- Application for License for Transportation of WasteForm IForm IIForm IIIForm IVForm VSecond Schedule - FeesThird Schedule - Standard for Treatment and Disposal of WastesFourth Schedule - Wastes Considered HazardousFifth Schedule - List of Hazardous CharacteristicsSixth Schedule - Application for Transboundary Movement of WasteSixth Schedule - Permit to Export/Transit WasteSeventh Schedule - Categories of biomedical wasteEighth Schedule - Color code for biomedical adopted from the WHO codeEighth Schedule - SymbolsNinth Schedule - Treatment of biomedical wastesTenth Schedule - Standards for waste autoclavingii3FORM NEMA/WM/1FORM NEMA/WM/2FORM NEMA/WM/3FORM NEMA/WM/4FORM NEMA/WM/5Regulations 7, 11, 25, 27Regulations 26, 47Regulation 22Regulation 22Regulations 27, 30Regulations 27Regulation 38Regulation 39Regulation 39Regulation 40Regulation 47

IN EXERCISE of the powers conferred by Sections 92 and 147 of theEnvironmental Management and Co-ordination Act No. 8, of 1999, theMinister for Environment and Natural Resources, on the recommendationof the National Environment Management Authority and uponconsultation with the relevant lead agencies makes the followingRegulations:PART I:PRELIMINARY PROVISIONSCitation1.These Regulations may be cited as the EnvironmentalManagement and Co-ordination (Waste Management)Regulations, 2006.Application2.These Regulations shall apply to all categories of waste as isprovided for herein.Interpretation3.In these Regulations unless the context otherwise requires:“Act” means Environmental Management and Co-ordination Act No.8 of1999.“Applicant” means any person who applied to the Authority or leadagency for authorization to perform specific activities connected withchemicals, pesticides, radioactive substances and waste management.“Authority” means the National Environment Management Authority(NEMA) established under Section 7 of the Act.“Biodegradable substance” means a substance that can be degraded bymicroorganisms.“Biomedical waste” means any waste which is generated during thediagnosis, treatment or immunization of human beings or animals or inresearch activities pertaining thereto or in the production or testing ofbiologicals and including categories mentioned in Ninth Schedule of theseRegulations.Cap 243“Board” means the Radiation Protection Board as established under theRadiation Protection Act, Cap. 243 Laws of Kenya.“Disposal site” means any area of land on which waste disposal facilitiesare physically located or final discharge point without the intention ofretrieval but does not mean a re-use or re-cycling plant or site.“Domestic Waste” means waste generated from residences.“Environmentally Sound Management of Waste” means taking allpractical steps to ensure that waste is managed in a manner which willprotect human health and the environment against the adverse effectswhich may result from the waste.4

“Incineration” means the controlled burning of solids, liquids, gaseouscombustible waste to produce gases and residues containing little or nocombustible materials.“Industrial Waste” means waste arising from processing andmanufacturing industries or trade undertakings and can take the form ofliquid, non-liquid, solid and gaseous substances.Cap 346“Pesticide” has the meaning assigned to it under the Pests ControlProducts Act Cap. 346 of the Laws of Kenya.“Prior Informed Consent” means the international operation procedurefor exchanging, receiving and handling notification information by thecompetent authority on waste.“Radioactive Waste” means any radioactive material that has been, orwill be, discarded as of being of no further use.“Recycling of waste” means the processing of waste material into a newproduct of similar chemical composition.“Reprocessing” means the processing of waste into a new product ofdifferent chemical composition.“Reuse” means waste reused with or without cleaning and/or repairing.“Segregation” means any activity that separates waste materialsfor processing.“Sludge” means a none flowing mixture of solids and liquids.“Storage” means temporary placement of waste in a suitable location orfacility where isolation, environmental and health protection and humancontrol are provided in order to ensure that waste is subsequentlyretrieved for treatment and conditioning and/or disposal.“Toxic Chemical” means any substance, which on entry into anorganism through ingestion, inhalation and dermal contact is injurious,causes physiological, or biochemical disturbances or otherwise causesdeterioration of the functions of the organism in any way.“Treatment” means any method, technique or process for altering thebiological, chemical or physical characteristics of wastes to reduce thehazards it presents.“Waste Generator” means any person whose activities or activitiesunder his or her direction produces waste or if that person is not known,the person who is in possession or control of that waste.“Waste Management” means the activities, administrative andoperational, that are used in handling, packaging, treatment, conditioning,reducing, recycling, reusing, storage and disposal of waste.5

PART II – GENERAL PROVISIONSResponsibility of WasteGenerator(1)No person shall dispose of any waste on a public highway, street,road, recreational area or in any public place except in adesignated waste receptacle.(2)Any person whose activities generate waste shall collect,segregate and dispose or cause to be disposed off suchwaste in the manner provided for under theseRegulations.(3)Without prejudice to the foregoing, any person whoseactivities generates waste has an obligation to ensure thatsuch waste is transferred to a person who is licensed totransport and dispose off such waste in a designatedwaste disposal facility.Segregation of Waste byGenerator5.(1)Any person whose activities generate waste, shallsegregate such waste by separating hazardous waste fromnon-hazardous waste and shall dispose of such wastes insuch facility as is provided for by the relevant LocalAuthority.Cleaner ProductionPrinciples6.(1)Any person who owns or controls a facility or premiseswhich generates waste shall minimize the wastegenerated by adopting the following cleaner productionprinciples:improvement of production process through:conserving raw materials and energy(ii)eliminating the use of toxic raw materialswithin such time as may be prescribed bythe Authority(iii)reducing toxic emissions and wastesmonitoring the product cycle from beginning to end by:identifying and eliminating potential negativeimpacts of the product.(ii)enabling the recovery and re-use of theproduct where possible.(iii)reclamation and recycling.(c)incorporating environmental concerns in thedesign, process and disposal of a product.Waste Transportation7.(1)No person shall be granted a licence under the Act to6

transport waste unless such person operates atransportation vehicle approved by the Authority uponrecommendation from the relevant lead agency.LicenceAny vehicle used for transportation of waste or any other meansof conveyance shall be labelled in such a manner as maybe directed by the Authority.The Authority in consultation with the relevant lead agency maydesignate particular geographical areas as areas foroperation for licensed waste transporters.The application for a licence to transport waste shall be in Form Iof the First Schedule to these Regulations and shall beaccompanied by the prescribed fee set out in the SecondSchedule.A licence issued under the Act for the transportation of wasteshall be in Form II of the First Schedule to theseRegulations and shall be valid for one year from the dateof issue.Mode of transportingwaste.A person granted a licence to transport waste shall ensure that:(1) the collection and transportation of such waste is conductedin such a manner that will not cause scattering, escaping and/orflowing out of the waste;(2) the vehicles and equipment for the transportation of waste arein such a state that shall not cause the scattering of, escaping of,or flowing out of the waste or emitting of noxious smells from thewaste;(3) the vehicles for transportation and other means of conveyanceof waste shall follow the scheduled routes approved by theAuthority from the point of collection to the disposal site or plant;and(4) he or his agent(s) possess at all times during transportation ofthe waste, a duly filled tracking document as set out in Form IIIof the First Schedule to these Regulations and shall produce thesame on demand to any law enforcement officer.Transportation of wasteby licensed transporter9.Any person licensed to transport waste shall collect waste fromthe designated area of operations or storage areas and shalldeliver such waste to the designated storage site, disposal site orplant.Transitional Provisionfor transporting waste10.Any person, who before the commencement of these Regulationswas carrying on the business of transporting waste, shall apply tothe Authority for a licence for the transportation of waste withinninety days after the commencement of these Regulations in theprescribed Form I as set out of the First Schedule to theseRegulations.7

Licencefacilityfordisposal11.(1)Any person granted a licence under the Act and anyother licence that may be required by the relevant LocalAuthority to operate a waste disposal site or plant, shallcomply with all conditions imposed by the Authority toensure that such waste disposal site or plant operates inan environmentally sound manner.(2) An application for a licence to operate a waste disposal siteor plant shall be in Form IV of the First Schedule to theseRegulations and shall be accompanied by the prescribed feeset out in the Second Schedule.A licence issued under the Act for the operation of a wastedisposal site or plant shall be as in Form V as set out inthe First Schedule to these Regulations.TransitionalProvisionfor disposal facilities12.Any person who before the commencement of these Regulationswas carrying on the business of operating a waste disposal site orplant shall apply to the Authority for a licence as prescribed inthese Regulations within ninety days after the commencement ofthese Regulations.Waste treatment byoperators of disposalsites. Cap 26513.Any operator of a disposal site or plant shall apply the relevantprovisions on waste treatment under the Local Government Actand Regulations thereunder to ensure that such waste does notpresent any imminent and substantial danger to public health, theenvironment and natural resources.Validity of license andrenewals14.A licence to operate a waste disposal site or plant shall be validfor a period of one year from the date of issue and may berenewed for a further similar period on such terms andconditions as the Authority may deem necessary or imposefor purposes of insuring public health and soundenvironmental management.Requirement forEnvironmental Audit15.Every licensed owner or operator of a waste disposal site or plantshall carry out an annual environmental audit pursuant to theprovisions of the Act.Re-useplants16.Notwithstanding any provisions to the contrary herein, theseRegulations shall apply to plants and sites established for re-useor re-cycling of wastes.andrecyclingPART III– INDUSTRIAL WASTESGeneral Obligation tomitigate pollution17.(1)(2)Every trade or industrial undertaking shall install at itspremises anti-pollution technology for the treatment ofwaste emanating from such trade or talledpursuantto

Regulation 17(1) shall be based on the best availabletechnology not entailing excessive costs or othermeasures as may be prescribed by the Authority.Treatment of IndustrialWaste18.No owner or operator of a trade or industrial undertaking shalldischarge or dispose of any waste in any state into theenvironment, unless the waste has been treated in a treatmentfacility and in a manner prescribed by the Authority inconsultation with the relevant lead agency.Application of ExistingRegulations19.The provisions of Part II above shall apply mutatis mutandis tosolid wastes generated by industrial or trade undertakings.Application of ExistingRegulations20.The provisions of the Act relating to water quality regulationsshall apply mutatis mutandis to effluents discharged into theaquatic environment from industrial or trade undertakings.Application of ExistingRegulations21.The provisions of the Act relating to air quality regulations shallapply mutatis mutandis to gaseous emissions from industrial ortrade undertakings.PART IV:HAZARDOUS WASTESHazardous WasteSpecifications22.For the purposes of this part, waste considered as hazardous,shall be any waste specified in the Fourth Schedule or any wastehaving the characteristics defined in the Fifth Schedule, and anywastes which do not fit the said categories of classification willbe treated as non-hazardous waste.Requirement forEnvironmental ImpactAssessment23.No person shall engage in any activity likely to generate anyhazardous waste without a valid Environmental ImpactAssessment licence issued by Authority under the provisions ofthe Act.Handling, storing, andtransporting ofhazardous waste24.(1)(2)Every generator of hazardous waste shall ensure thatevery container or package for storing such waste issecure and labelled in easily legible characters, written inEnglish and Kiswahili.The label shall contain the following information:(a)the identity of the hazardous waste.(b)the name, physical address and telephone contactof the generator of waste.(c)the waste composition and total weight of waste.(d)the normal storage stability and methods ofstorage.(e)the name and percentage of weight of active9

ingredients and names and percentages ofweights of other ingredients or half-life ofradioactive material.(f)(g)(3)Application of existingRegulationsTreatment of HazardousWaste(i)the words “WARNING” or “CAUTION”;(ii)the word “POISON” (marked indelibly inred on a contrasting background; and(iii)the words “DANGER! KEEP AWAY FROMUNAUTHORIZED PERSONS”; and(iv)a pictogram of a skull and crossbones.a statement of first aid measures, including theantidote when inhaled, ingested or dermal contactand a direction that a physician must be contactedimmediately.The provisions of Part II of these Regulations relating tothe license for transportation of waste and mode oftransporting waste shall apply mutatis mutandis to thisPart.25. The provisions of Part II of these Regulations relating to disposalfacilities, plants or sites shall apply mutatis mutandis to hazardouswastes.26.(1) Every person who generates toxic or hazardous waste shalltreat or cause to be treated such hazardous waste using theclasses of incinerators prescribed in the Third Schedule tothese Regulations or any other appropriate technologyapproved by the Authority.(2)(3)Export Permitwarning or caution statements which may includeany of the following as appropriate:Any leachate or other by-products of such treated wasteshall be disposed of or treated in accordance with theconditions laid down in the license or in accordance withguidelines issued by the Authority in consultation withthe relevant lead agency.In issuing a licence for the disposal of waste, theAuthority shall clearly indicate the disposal operationpermitted and identified for the particular waste27. (1) No person shall export hazardous wastes without a valid permitissued by the Authority and a valid Prior Informed Consentdocument issued by the designated national authority of thereceiving country.(2)An application for exportation of toxic or hazardous10

waste shall be submitted to the Authority in Form I setout in the Sixth Schedule accompanied by the prescribedfee and a copy of the Prior Informed Consent documentfrom the receiving country.(3)Where the Authority is satisfied that all the requirementshave been complied with, it shall issue an export permitas set out in Form II of the Sixth Schedule.(4)Where a permit is issued under these Regulations, thepermit holder shall be send a copy of the permit to theKenya Revenue Authority for the necessary customsverification and control.Validity of Export Permit28.An export permit issued under these Regulations shall relate tothe specific export transaction and shall not be valid for anysubsequent export transactions.Non-Transferability ofPermit29.A permit for the export of toxic or hazardous wastes issuedunder these Regulations shall not be transferable.Transit of HazardousWaste30.No person shall transit toxic or hazardous waste destined foranother country through the territory of Kenya without a validPrior Informed Consent for such movement issued by theAuthority, the prescribed document for transboundary movementof waste set out in Form I of the Sixth Schedule, the transitpermit set out in Form II of the Sixth Schedule and any otherdocuments prescribed by the competent customs authority.Insurance31.(1)An applicant for a permit issued under the Act and theseRegulations, shall satisfy the Authority that he or she hassubscribed to an insurance policy covering the risks likelyto arise out of the activity for which the license isrequired(2)A generator of waste which has been characterized astoxic or hazardous under these Regulations, shall uponwritten instructions from the Authority, sub

A licence issued under the Act for the transportation of waste shall be in Form II of the First Schedule to these Regulations and shall be valid for one year from the date of issue. Mode of transporting waste. A person granted a licence to transport waste shall ensure that: (1) the collection and transportation of such waste is conducted

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